The plaintiffs in the Indian trust fund lawsuit are open to an extension to await Congressional authorization of a settlement to the case but an attorney said the Obama administration should push harder for action.

“Why bother doing something that is this much of a landmark if you’re not willing to do what it takes to get it done?” attorney Dennis Gingold told The National Law Journal.

The plaintiffs and the Obama administration announced the $3.4 billion settlement last December. The House has passed the deal twice but Republicans in the Senate have blocked consideration.

Members of Congress aren't due to return to business until mid-September. Gingold said the plaintiffs are willing to wait.

“If it looks like we actually have a sincere and honest commitment to get it done it September, then it would be foolish not to extend” the talks, Gingold said.